Section 2
Definitions
2. Definitions:
In this Act and other Acts prevailing in Nepal, unless the subject or context otherwise requires;
(a) ‘Act (act)’ – “act” used with reference to an offence or a civil wrong shall include a series of acts, and words which refer to acts does
extend also to illegal omissions.
(b) “Chapter” means a Chapter of the Act/Enactment in which the word occurs.
⊕ The word ‘Preamble’ does appear in this Act.
(c) “Commencement” used with reference to an Act/Enactment shall mean the day on which the Act/Enactment comes into force.
(d) “Document” shall include any matter written, expressed or described upon any substance by means of letters, figures, marks or by more
than one of those means which is intended to be used or which may be used, for the purpose of recording that matter.
(e) “Act”/”Enactment” this expression shall mean an Act/Enactment or sawal and any provision contained in any Act/Enactment or Sawal.
(f) “Father” in the case anyone permitted for adoption pursuant to the law, shall include the adoptive father.
(g) Financial Year- shall mean the year commencing on the first day of SHARAWAN .
(h) A thing shall be deemed to be “done in good faith” where it is in fact done honestly, whether it is done negligently or not.
∇ (i) “Government of Nepal” means-
(a) His Majesty the King, who acted with the advice of the Ministers when there existed a cabinet pursuant to the Interim Constitution
of Nepal; and with the advice of members of council of Ministers when cabinet was not in existence in relation to functions performed from the date of commencement of Interim Constitution to Ashad 15, 2016 B.S.;
(b) His Majesty the King who acted in recommendation of the cabinet or in recommendation of Minister so authorized by the Prime Minister to act upon accordingly in any issue pursuant to the Constitution of the Kingdom of Nepal and by exercising the other powers mentioned in the said constitution in the case when
∇ Amended by the Some Nepal Acts (Amendment Rearrangement) Act,2020 cabinet was not in existence, in relation to the functions
performed or to be performed from Ashad 16, 2016 B.S. to the last day of Mansir 2019 B.S.
♥ (c) His Majesty the King, who acted with the advice of the council of Ministers pursuant to the Constitution of Nepal or upon excising the powers mentioned in Article 81A of the said constitution in the time of Emergency in relation to the functions performed or to be performed from Poush 1, 2019 B.S. to Kartik 22, 2047.
♣ (d) His Majesty the King and council of Ministers who exercised the executive powers of the kingdom of Nepal pursuant to the Constitution of the Kingdom of Nepal 2047 (1990).
(e) The Council of Ministers who exercised the executive power of Nepal pursuant to the Constitution of the Kingdom of Nepal 2047, Declaration of the House of Representatives, 2063 and the prevailing laws for the acts done or to be done since 4 th Jestha 2063.
∇ (j) Words mentioned in relation to His Majesty the King – (a) Regarding the functions performed before 16 Ashad 2016.
1. The Council of Regency Constituted pursuant to Council of Regency Act 2010 (1954) and Council of Regency Act 2011 (1955).
_______________________________________
♥ Amended by the Some Nepal Acts Amendment Act, 2053
♣ Amended by the Some Nepal Laws Amendment Act, 2063
Inserted by the Some Nepal Laws Amendment Act, 2063
∇ Amended by the Some Nepal Acts (Amendment Rearrangement) Act, 2020
2. The Crown prince who performed the functions upon exercising the authority granted by His Majesty the king
on 7 th Falgoon 2007 and Royal prorogating, and
3. Royal Representative appointed pursuant to Royal Authority Delegation Act, 2012 (1956), and
(b) A person who exercised or who was authorized to exercise the powers of His Majesty the king Pursuant to the Constitution of the kingdom of Nepal regarding the functions performed or to be performed from 16 th Ashad 2016 to the last day of Mansir
2019.
♥ (c) Rajaya Sahayak or Rajaya sahayak Parisad pursuant to the Constitution of Nepal or person or persons exercising authority under Article 22 A of the said Constitution regarding functions Performed or to be performed from 1 st Poush 2019 B.S.
(Dec.16,1962) to 22 nd Kartik, 2047 B.S.(Nov.8,1990)
∑ (d) “The Rajya Sahayak or Rajya Sahayak Parisad pursuant to Article 34 or Raj Pratinidhi or Raj Pratinidhi parishad pursuant to Clause (2) of Article 32 of the Constitution of the Kingdom of Nepal 2047 for the acts done or to be done since 23 rd Kartik
2047.
(k) “Immovable Property” shall include land, benefits to arise out of land and things attached to the earth or permanently fastened to anything
attached to the earth.
________________________________
♥ Amended by the Some Nepal Acts Amendment Act, 2053
∑ Inserted by the Some Nepal Acts Amendment Act, 2053
∇ (l) “Nepal Act” means any Act promulgated by His Majesty the king after Falgoon 7 of 2007 B.S. (Feb.18,1951), and any “Act” made in
accordance with the Interim Constitution, 2007, (1951) Constitution of Kingdom of Nepal, 2015 (1959) Constitution of Nepal 2019
(1962) Constitution of Kingdom of Nepal 2047 or Constitution of
Kingdom of Nepal, 2047 and Declaration of the House of Representatives, 2063.
(m) “Nepal Law” shall means any Nepal Act or any Enactment, Sawal Rules/Regulation, order or By-laws to be implemented as good as
laws in any part of Nepal.
(n) “Month” shall mean a month reckoned from Sankranti (First day) according to the Nepalese Panchanga (Calendar).
(o) “Movable Property” shall mean property of every description except immovable property.
(p) “Oath” shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing.
(q) “Offence” shall mean any act or omission made punishable by any law for the time being in force.
(r) “Part” shall mean a part of the Act/Enactment in which the word occurs.
(s) “Person” shall include any company or association or body of individuals, whether incorporated or not.
____________________________________
∇ Amended by the Some Nepal Acts (Amendment Rearrangement) Act,2020
Inserted by the Some Nepal Laws Amendment Act, 2063
(t) “Prescribed” means prescribed in or as prescribed by the Rules framed under any Act in case the expression “Prescribed” in being mentioned
in any ‘Act’/’Enactment’.
(u) Rules/Regulation shall mean a Rule made in exercise of a power conferred by an Act /Enactment, and shall include a by-law made as
good as rule/regulation made under any act/enactment.
(v) Schedule” shall mean a schedule to the Act /Enactment in which word occurs.
(w) “Section” shall mean a Section of the Act/Enactment in which the word occurs.
(x) “Sign” with its grammatical variations and cognate expression, shall, with reference to a person who is unable to write his/her name,
include ‘finger print’ (mark) with its grammatical variations and cognate expressions.
(y) “son” shall include an adopted son in the case of anyone who is permitted for adoption.
(y1) “Daughter” shall include an adopted daughter in the case of anyone who is permitted for adoption.
(z) “Sub-section” shall mean a Sub-section of the Section in which the word occurs.
(aa) “Will” shall include a codicil and every writing making a voluntary posthumous disposition of property.
(ab) “Writing” shall be construed as including references to printing, lithography, photography and other modes of representing or
reproducing words in a visible form.
Inserted by the Some Nepal Laws Amendment Act, 2063
(ac) “Year” shall mean a year reckoned according to the Nepalese Panchanga (Calendar) that is which starts from Sankrati (First day) of
Baisakh
In this Act and other Acts prevailing in Nepal, unless the subject or context otherwise requires;
(a) ‘Act (act)’ – “act” used with reference to an offence or a civil wrong shall include a series of acts, and words which refer to acts does
extend also to illegal omissions.
(b) “Chapter” means a Chapter of the Act/Enactment in which the word occurs.
⊕ The word ‘Preamble’ does appear in this Act.
(c) “Commencement” used with reference to an Act/Enactment shall mean the day on which the Act/Enactment comes into force.
(d) “Document” shall include any matter written, expressed or described upon any substance by means of letters, figures, marks or by more
than one of those means which is intended to be used or which may be used, for the purpose of recording that matter.
(e) “Act”/”Enactment” this expression shall mean an Act/Enactment or sawal and any provision contained in any Act/Enactment or Sawal.
(f) “Father” in the case anyone permitted for adoption pursuant to the law, shall include the adoptive father.
(g) Financial Year- shall mean the year commencing on the first day of SHARAWAN .
(h) A thing shall be deemed to be “done in good faith” where it is in fact done honestly, whether it is done negligently or not.
∇ (i) “Government of Nepal” means-
(a) His Majesty the King, who acted with the advice of the Ministers when there existed a cabinet pursuant to the Interim Constitution
of Nepal; and with the advice of members of council of Ministers when cabinet was not in existence in relation to functions performed from the date of commencement of Interim Constitution to Ashad 15, 2016 B.S.;
(b) His Majesty the King who acted in recommendation of the cabinet or in recommendation of Minister so authorized by the Prime Minister to act upon accordingly in any issue pursuant to the Constitution of the Kingdom of Nepal and by exercising the other powers mentioned in the said constitution in the case when
∇ Amended by the Some Nepal Acts (Amendment Rearrangement) Act,2020 cabinet was not in existence, in relation to the functions
performed or to be performed from Ashad 16, 2016 B.S. to the last day of Mansir 2019 B.S.
♥ (c) His Majesty the King, who acted with the advice of the council of Ministers pursuant to the Constitution of Nepal or upon excising the powers mentioned in Article 81A of the said constitution in the time of Emergency in relation to the functions performed or to be performed from Poush 1, 2019 B.S. to Kartik 22, 2047.
♣ (d) His Majesty the King and council of Ministers who exercised the executive powers of the kingdom of Nepal pursuant to the Constitution of the Kingdom of Nepal 2047 (1990).
(e) The Council of Ministers who exercised the executive power of Nepal pursuant to the Constitution of the Kingdom of Nepal 2047, Declaration of the House of Representatives, 2063 and the prevailing laws for the acts done or to be done since 4 th Jestha 2063.
∇ (j) Words mentioned in relation to His Majesty the King – (a) Regarding the functions performed before 16 Ashad 2016.
1. The Council of Regency Constituted pursuant to Council of Regency Act 2010 (1954) and Council of Regency Act 2011 (1955).
_______________________________________
♥ Amended by the Some Nepal Acts Amendment Act, 2053
♣ Amended by the Some Nepal Laws Amendment Act, 2063
Inserted by the Some Nepal Laws Amendment Act, 2063
∇ Amended by the Some Nepal Acts (Amendment Rearrangement) Act, 2020
2. The Crown prince who performed the functions upon exercising the authority granted by His Majesty the king
on 7 th Falgoon 2007 and Royal prorogating, and
3. Royal Representative appointed pursuant to Royal Authority Delegation Act, 2012 (1956), and
(b) A person who exercised or who was authorized to exercise the powers of His Majesty the king Pursuant to the Constitution of the kingdom of Nepal regarding the functions performed or to be performed from 16 th Ashad 2016 to the last day of Mansir
2019.
♥ (c) Rajaya Sahayak or Rajaya sahayak Parisad pursuant to the Constitution of Nepal or person or persons exercising authority under Article 22 A of the said Constitution regarding functions Performed or to be performed from 1 st Poush 2019 B.S.
(Dec.16,1962) to 22 nd Kartik, 2047 B.S.(Nov.8,1990)
∑ (d) “The Rajya Sahayak or Rajya Sahayak Parisad pursuant to Article 34 or Raj Pratinidhi or Raj Pratinidhi parishad pursuant to Clause (2) of Article 32 of the Constitution of the Kingdom of Nepal 2047 for the acts done or to be done since 23 rd Kartik
2047.
(k) “Immovable Property” shall include land, benefits to arise out of land and things attached to the earth or permanently fastened to anything
attached to the earth.
________________________________
♥ Amended by the Some Nepal Acts Amendment Act, 2053
∑ Inserted by the Some Nepal Acts Amendment Act, 2053
∇ (l) “Nepal Act” means any Act promulgated by His Majesty the king after Falgoon 7 of 2007 B.S. (Feb.18,1951), and any “Act” made in
accordance with the Interim Constitution, 2007, (1951) Constitution of Kingdom of Nepal, 2015 (1959) Constitution of Nepal 2019
(1962) Constitution of Kingdom of Nepal 2047 or Constitution of
Kingdom of Nepal, 2047 and Declaration of the House of Representatives, 2063.
(m) “Nepal Law” shall means any Nepal Act or any Enactment, Sawal Rules/Regulation, order or By-laws to be implemented as good as
laws in any part of Nepal.
(n) “Month” shall mean a month reckoned from Sankranti (First day) according to the Nepalese Panchanga (Calendar).
(o) “Movable Property” shall mean property of every description except immovable property.
(p) “Oath” shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing.
(q) “Offence” shall mean any act or omission made punishable by any law for the time being in force.
(r) “Part” shall mean a part of the Act/Enactment in which the word occurs.
(s) “Person” shall include any company or association or body of individuals, whether incorporated or not.
____________________________________
∇ Amended by the Some Nepal Acts (Amendment Rearrangement) Act,2020
Inserted by the Some Nepal Laws Amendment Act, 2063
(t) “Prescribed” means prescribed in or as prescribed by the Rules framed under any Act in case the expression “Prescribed” in being mentioned
in any ‘Act’/’Enactment’.
(u) Rules/Regulation shall mean a Rule made in exercise of a power conferred by an Act /Enactment, and shall include a by-law made as
good as rule/regulation made under any act/enactment.
(v) Schedule” shall mean a schedule to the Act /Enactment in which word occurs.
(w) “Section” shall mean a Section of the Act/Enactment in which the word occurs.
(x) “Sign” with its grammatical variations and cognate expression, shall, with reference to a person who is unable to write his/her name,
include ‘finger print’ (mark) with its grammatical variations and cognate expressions.
(y) “son” shall include an adopted son in the case of anyone who is permitted for adoption.
(y1) “Daughter” shall include an adopted daughter in the case of anyone who is permitted for adoption.
(z) “Sub-section” shall mean a Sub-section of the Section in which the word occurs.
(aa) “Will” shall include a codicil and every writing making a voluntary posthumous disposition of property.
(ab) “Writing” shall be construed as including references to printing, lithography, photography and other modes of representing or
reproducing words in a visible form.
Inserted by the Some Nepal Laws Amendment Act, 2063
(ac) “Year” shall mean a year reckoned according to the Nepalese Panchanga (Calendar) that is which starts from Sankrati (First day) of
Baisakh